What are my rights if my employer secretly hires someone else whileI amout under on workers comp?
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What are my rights if my employer secretly hires someone else whileI amout under on workers comp?
I am under workers comp. I got hurt a couple of months ago and for the first 3 weeks I continued to work until my light duty restrictions become too much. Today I was called and asked to surrender my keys although they keep telling me its nothing. Is there such a thing as wrongful termination if Iget better but I no longer have a job? I found out through other employees today that they hired someone else for my spot.
Asked on October 7, 2010 under Employment Labor Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You need to speak with an employment law attorney, since situations like this need to be evaluated on their specific circumstances. As some general rules:
1) If you are disabled, you cannot be fired simply because of your disability IF the employer could make some reasonable accomodation--such as by modifying your duties in a way that still lets you do a "real" job that's within your competence. However, if even with reasonable accomodations, you can't do the work, then the employer may be able to terminate you--they are not obligated to retain someone who simply can't work.
2) You can't be fired as retaliation for having filed a worker's comp claim or for receiving worker's comp.
3) Notwithstanding a disability or worker's comp, you could be fired for other valid reasons, such as insubordination, unexcused absenteeism, performance issues not related to the disability, theft (including "theft of time"--e.g. being found not working while on the clock).
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